Road laws may be best fracking protection

7/27/2011

By Patsy Nicosia

Communities looking to regulate hydraulic fracturing are finding their best bet may start with their roads.
Sharon's Joint Planning Board has begun drafting a Road Preservation Law; Thursday the Village of Sharon Springs got its first look at it.
Though some communities are requiring heavy industrial users-like hydrofracking-to post bonds that would be used to repair any damaged roads, attorney Michelle Kennedy said others are putting the emphasis on requiring that the roads be upgraded before the traffic begins if it's determined they won't withstand the anticipated weights and volume.
Both approaches have their shortcomings.
Ms. Kennedy said it can be hard to prove who damaged a road to collect on bonds.
Highway Superintendent Bill Barbic said it's almost to determine beforehand how much traffic a road can withstand.
Another approach discussed Thursday is making some roads off-limits to commercial traffic; Ms. Kennedy, however, said that may require designating a truck route.
"But we have no one to enforce that," said Trustee Doug Plummer. "We can't even get Wal-Mart trucks to not drive through the village...I think the only thing we can do in the village is ban it [commercial traffic] completely."
Though it's unlikely there would be any drilling for natural gas within the village itself, trustees pointed out streets there could be used to access Beechwood Road and Goodrich Road among others.
"The vibration of all the traffic alone would destroy this little village," Mr. Plummer added.
A model Road Preservation Law offered by Schoharie County Planning & Development would designate the highway superintendent as the person to approve and issue Road Preservation Vehicle Permits-which could require a cash deposit that would be used for needed road repairs and returned if not used.
A leaked document from New York State Department of Transportation on the transportation impacts of Marcellus shale development in the state called "The potential transportation impacts [are] ominous."
The draft discussion paper estimates the annual cost of reconstructing "hundreds of miles of roads and scores of bridges...from $90 to $156 million for state roads and from $121-$222 million for local roads.
"There is no mechanism in place allowing state and local governments to absorb these additional transportation costs without major impacts to programs and other municipalities in the state," the draft continues, concluding:
"...it is time to establish a frank and open dialogue among the many parties involved."
The nearby Town of Cherry Valley has already adopted a land use law that prohibits gas drilling and hydrofracking, making it the fourth town in Otsego County to do so.